How to increase the disposal value of the non performing asset package ?

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The five major disposal methods of non-performing assets are as follows:

1. Routine collection. If the customer has good credit in the past, the overdue time is short, the creditor's rights and debts relationship is clear, and the borrower has the solvency and is willing to repay the loan, this method can be adopted. Generally speaking, the ** rate is relatively high;

2. Debt restructuring. When it is difficult to recover cash or the cost is too high, and the borrower can continue to operate, has good prospects and is willing to repay the loan, the commercial bank may choose this method to renew the debt restructuring and set the borrower, amount, interest rate, term, guarantee, etc., to transfer the loan to an enterprise or individual with strong solvency. In this way, the pre-review conditions must be strictly enforced, otherwise the risk will only be overdue or expanded;

3. Internal write-off. Internal write-off loans that cannot be recovered after a certain recourse period. The loan file is still there, but it is not accounted for and confirmed;

4. Entrusted processing. Different from the previous one, entrusted processing is that the bank entrusts the non-performing assets to the asset handling company, and the asset handling company adopts a variety of disposal methods**, and the bank pays the handling fee to the asset management company;

5. Packing and transfer. Commercial banks transfer non-performing assets to asset management companies through bidding, auctions, etc., and the asset companies carry out follow-up processing after the transfers.

Non-performing assets is a general concept, which is aimed at the bad debt accounts in the accounting subjects, mainly including but not limited to the non-performing assets of banks, non-performing assets, non-performing assets of insurance and funds, non-performing assets of enterprises, and financial enterprises are the source of non-performing assets.

Article 10 of the Regulations of the People's Republic of China on Financial Asset Management Companies A financial asset management company may engage in the following business activities when managing and disposing of assets formed by the acquisition of non-performing loans of state-owned banks within the scope of the non-performing loans of the state-owned banks it acquires:

1) Debt recovery;

2) leasing or transferring or reorganizing the assets formed by the acquired non-performing loans;

3) Debt-to-equity swap and phased shareholding of the enterprise;

4) Listing recommendation and bond and ** underwriting of companies within the scope of asset management;

5) Issuing financial bonds and borrowing money from financial institutions;

6) Financial and legal advice, asset and project valuation;

7) Other business activities approved by the People's Bank of China and the China Supervision and Administration Commission.

Financial asset management companies can apply to the People's Bank of China for refinancing.

The non-performing asset package is handled as follows:

1. Assets are restructured with Nakai.

Asset restructuring includes debt restructuring, corporate restructuring, asset conversion and mergers and acquisitions, among which debt restructuring includes debt repayment, debt renewal, asset replacement, commercial debt-to-equity swap, discount realization and agreement transfer.

2. Debt-to-equity swaps.

Debt-to-equity swap refers to the transfer of the bank's creditor's rights to the enterprise to the asset management company after the independent review of the asset management company and the approval of the relevant state departments, and the asset management company holds the shares in stages and manages the equity held by the asset management company.

3 Diversification**.

1) Public auction.

Public auction, also known as public bidding, is a kind of buying and selling method and transaction activity in which a specific item or property right is transferred to the highest bidder through a special intermediary in the form of open bidding.

2) Transfer by Agreement.

Negotiated transfer refers to the method of determining the transfer of non-performing assets through negotiation between the two parties through negotiation and negotiation through public inquiry in the market, looking for buyers through multiple channels, and failing to find more than two bidders, especially in the case of only one buyer. It is mainly applicable to: the underlying market demand is seriously insufficient, there are very few suitable buyers, there are no competitors, and it is impossible to compare and select.

3) Bidding transfer.

Bidding transfer refers to the disposal method of the transferee with the highest bid and low cash risk by publicizing the transfer information and bidding rules to the public and the investor opening and evaluating the bid at the agreed time through the bid evaluation committee in the form of sealed bidding.

1. What are the classifications of non-performing assets?

The classification of non-performing assets includes:

1. Physical non-performing assets. Physical non-performing assets mainly refer to non-performing assets in physical form such as equipment, buildings and buildings with recoverable amounts lower than the book value, inventories and projects under construction with a cost higher than the net realizable value due to continuous market price, obsolete technology, long-term idleness, etc.

2. Creditor's rights to alleviate non-performing assets. Non-performing assets of creditor's rights refer to accounts receivable, other receivables, guarantee losses and other non-performing debts that are difficult to achieve for a long time and are expected to incur bad debt losses.

3. Equity non-performing assets. Equity non-performing assets refer to long-term equity investment losses in which the recoverable amount of a long-term investment is less than its book value.

2. The process of acquisition of non-performing assets is:

1 Start the project. After discovering the market opportunity, the project manager conducts a preliminary investigation and analysis and forms a project plan, and the project is officially launched after the project is approved.

2 Due Diligence.

3. Project feasibility analysis. Based on the due diligence situation, make legal judgments on the validity of non-performing asset claims and guarantees; Analyze the willingness and ability of the main debtor and guarantor to solve the problem of non-performing assets, analyze the realizable value of the collateral, and analyze and determine whether it can be trusted as a partner.

4 Negotiate an agreed solution. On the basis of detailed analysis and argumentation, with restructuring as the main means, through negotiation with the debtor and relevant parties, the project plan is determined, and the transaction structure, specific work roadmap, work step connection, process and content are clarified.

Disposal methods of non-performing assets: 1. Litigation is boring and recoverable; 2. Asset restructuring; 3. Debt-to-equity swap: Debt-to-equity swap refers to the transfer of the bank's creditor's rights to the asset management company to the asset management company's equity of the enterprise after the independent review of the asset management company and the approval of the relevant state departments, and the asset management company holds the shares in stages and manages the equity held.

4. Diversification**; 5. Asset replacement: Asset replacement refers to the signing of a replacement agreement between two market entities on the basis of asset evaluation through legal appraisal procedures for their respective business needs, so as to realize the exchange of intangible or tangible assets of both parties or the exchange of physical assets and equity with creditor's rights. 6. Leasing:

Lease means that under the premise that the ownership remains unchanged, the property leased by the lessor in the form of a contract is handed over to the lessee for possession, disposal and use according to certain conditions and periods, and the lessee pays rent to the lessor. 7. Bankruptcy liquidation: Bankruptcy liquidation refers to the repayment received by the financial asset management company after the debtor goes bankrupt in accordance with the law, liquidates the debtor's assets, and sells them in accordance with the order of repayment.

Article 101 of the Civil Procedure Law of the People's Republic of China Where an interested party does not immediately apply for preservation due to an urgent situation, which will cause irreparable damage to its lawful rights and interests, it may apply to the people's court with the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Dear, I am glad to answer for you: There are seven ways to dispose of non-performing assets in banks: 1. Direct collection

This is a common practice for banks to deal with overdue loans, and the following issues should be noted. 1. Collection should be carried out within the statute of limitations; 2. Pay attention to the way of collection; 3. Problems of the collection subject; 4. The issue of exceeding the statute of limitations. 2. Disposal of the agreement

According to Article 195 of the Property Law, "if the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the auction or sale of the mortgaged property". Article 219 provides:

If the debtor fails to perform the debts due or the parties agree to realize the pledge, the pledgee may agree with the pledgor to discount the pledged property, or may receive priority payment for the price obtained from the auction or sale of the pledged property." 3. Borrowing new to repay the old: Borrowers are unable to repay bank loans due to temporary turnover difficulties, and some banks revitalize non-performing assets by borrowing new to repay old loans, renewing loans without repaying principal, and debt restructuring.

However, this method should be repeated to pay attention to two issues: 1. Guarantor. In accordance with Article 24 of the Guarantee Law:

If the creditor and the debtor agree to modify the main contract, the written consent of the guarantor shall be obtained, and the guarantor shall no longer bear the guarantee liability without the written consent of the guarantor. If the guarantee contract stipulates otherwise, it shall be in accordance with the agreement". 2. Collateral.

The contract of repayment of the old with a new loan is a new contract, so the original collateral of the main contract must be re-signed with the mortgage (pledge) contract, and the mortgage (pledge) registration must also be re-handled to ensure the continuity and validity of the creditor's rights guarantee. 4. Realization of security interest: According to Article 195 of the Property Law:

If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property. Article 220 stipulates: "If the pledgee fails to exercise it, the pledgor may request the people's court to auction or sell the pledged property."

Therefore, if the bank is unable to reach a written disposition agreement with the mortgagee, it can realize the security interest through court auction, sale auction, or sale of the mortgage. 5. Court Litigation: It is a common practice for banks to recover non-performing loans through court litigation, and the following issues should be noted:

1. Pay attention to the statute of limitations. Banks should be mindful of asserting claims during the statute of limitations. According to Article 153 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law:

The legal consequence of exceeding the statute of limitations is the loss of the right to prevail. If the statute of limitations is exceeded, the people's court shall accept it. Where, after acceptance, it is ascertained that there is no cause for suspension, interruption, or extension, a judgment shall be made to reject the litigation claim."

2. An application for seizure of the collateral should be made in a timely manner. Some banks believe that as long as the collateral is registered, they have the priority right to be repaid in accordance with the law, and there is no need to apply to the court to seize the collateral when filing a lawsuit, but this is not the case. According to Article 91 of the "Provisions on Several Issues Concerning the Enforcement Work of the People's Courts" (hereinafter referred to as the "Enforcement Provisions"), it provides:

The specific distribution of the property of the person participating in the enforcement.

Regarding the disposal of non-performing assets, the disposal of non-performing assets refers to the activities of realizing the value of assets and enhancing the value of assets through the comprehensive use of all means and methods permitted by laws and regulations. The scope of asset disposal can be divided into equity assets, debt assets and physical assets according to the form of assets; Asset disposal methods are divided into final disposal and phased disposal according to asset realization.

The final disposal mainly includes bankruptcy liquidation, auction, bidding, agreement transfer, discount realization, etc., and the phased disposal mainly includes debt-to-equity swap, debt restructuring, litigation and litigation preservation, debt redemption, asset replacement, enterprise restructuring, reinvestment of physical assets, leasing of physical assets, asset restructuring, investment in physical assets, etc.

Article 7 of the Due Diligence Guidelines for the Disposal of Non-performing Financial Assets shall be recused in the disposal of non-performing financial assets if there is a direct or indirect interest relationship between the staff of non-performing financial assets and the divesting party, debtors, guarantors, shareholding enterprises, asset transferees (trustees) and entrusted intermediaries, or if they are found to be directly responsible for the formation of non-performing financial assets. Non-performing financial assets staff shall not be engaged in asset appraisal (pricing, asset disposal, and related review and approval) at the same time.

1) The disposal method of the company's non-performing assets includes the disposal of creditors.

Creditors can dispose of the company's non-performing assets by themselves through communication or external visits.

2) The disposal method of the company's non-performing assets includes entrusted disposal.

This method refers to the creditor entrusting the payment information to a third-party collection company or individual with corresponding qualifications to dispose of the company's non-performing assets.

3) The disposal method of the company's non-performing assets includes online auction.

Under the conditions permitted by laws and regulations, the debtor's assets are made into products suitable for investment and auctioned on the Internet, so that the overdue amount can be repaid at a relatively fast speed.

4) The disposal method of the company's non-performing assets includes litigation disposal.

The disposal of the company's non-performing assets is mainly carried out by filing a lawsuit with the court.

5) The company's non-performing assets disposal methods include credit blacklists.

Dispose of the company's or individual's non-performing assets in the form of a platform.

1. Conditions for the stripping of non-performing assets for loan fraud.

Divestiture of non-performing assets refers to the transfer of creditor's rights by a state-owned commercial bank to an asset management company established by the state in accordance with the law to transfer part of its non-performing asset claims to an asset management company established by the state. The Ministry of Finance, the People's Bank of China, and the China Banking Regulatory Commission jointly issued the Notice on Strengthening the Accountability of Commercial Banks in State-Owned Credit Towns in the Process of Divesting Non-performing Loans. Provisions have been made on the issue of accountability in the process of restructuring and restructuring of state-owned commercial banks to divest non-performing assets, and the conditions for the divestment of non-performing assets are as follows:

1. Limitation of subject qualifications. The transfer of creditor's rights is generally not limited to the parties, but the stripping of non-performing assets is limited to both parties, and can only occur between the state-owned commercial banks and the four major asset management companies established by the state, that is, the transferee who is eligible to accept the non-performing assets of the state-owned commercial bank is the asset management company, and other legal persons and individuals do not have the qualifications of the transferee.

2. The scope of creditor's rights is limited and coarsely qualified. The transfer of creditor's rights generally does not limit the scope of creditor's rights transferred, but the national policy in the divestiture of non-performing assets limits the loan claims transferred by commercial banks, which are generally limited to the non-performing assets of commercial banks, including sluggish and doubtful loans in the "four-level classification" or subordinated, doubtful and loss-making loans in the "five-level classification".

3. The limitation of the agreement between the parties. The assignment of creditor's rights is premised on the agreement of both parties, and the legal effect of the assignment of creditor's rights can only be produced if both parties reach an agreement through consultation. Guided by national policies, the scale, procedures, methods, interest exemptions, and liquidation of funds are all stipulated by national policies, and the degree of agreement between the parties is limited.